Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.
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New York Appellate Division, First Department Denies Defendant’s Motion To Change Venue As Untimely

In a New York medical malpractice case our partner Rhonda Kay obtained a reversal of the lower court’s granting of a motion to change venue. In SIMON v. USHER, 2010 NY Slip Op 03777, The Appellate Division of the Supreme Court of New York, First Department held;

“Although the moving defendants made a timely demand for a change of venue, their motion for such relief was untimely. A defendant “may move to change the place of trial within fifteen days after service of the demand,” unless the plaintiff consents to the change of venue within five days of service of the demand (CPLR 511[b]). Here, the motion for a change of venue, made 20 days after service of the demand, must be rejected as untimely (see Singh v Becher, 249 AD2d 154 [1998]). Contrary to moving defendants’ claim, they were not entitled to the five-day extension in CPLR 2103(b)(2) for time periods measured from service by mail (see Thompson v Cuadrado, 277 AD2d 151 [2000]). Furthermore, the failure of the remaining defendants to serve a demand to change venue with or prior to their answer was fatal to their request to change venue (see Kurfis v Shore Towers Condominium, 48 AD3d 300 [2008]; CPLR 511[a]).”

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